BAY CITY, MI — Whether or not local attorney and judicial candidate Edward M. Czuprynski's lawsuit against two Bay County District Court judges has merit will be determined by a judge in a different county.

"I'm sorry to see Judge Gill disqualify himself, as I think he's a damn fine judge and would have been a fair judge on this thing," Czuprynski said. "I understand why he would do this; he rubs shoulders with these people every day. I'm glad the other two judges followed suit.

"I'm pleased with the draw of Judge Duthie," Czuprynski continued. "I have a great deal of respect for him as a judge."

Czuprynski filed the suit in Bay County Circuit Court on Tuesday, asking the higher court to intervene and allow him to handle cases already assigned to Kelly, whom Czuprynski is challenging in the Nov. 6 general election.

Klida subsequently took over a case of Czuprynski’s that Kelly formerly presided over and was appointed chief district judge until the election. Klida issued a memorandum to Mead stating that when an attorney is opposing a judge in an election, the responsibility is shared in the two candidates’ avoidance of one another. In the memo, Klida states that Czuprynski cannot be hired by defendants whose cases have already been assigned to Kelly, while Kelly cannot preside over cases to which Czuprynski has already been attached.

While defendants have the right to seek an attorney of their choosing, attorneys are not obligated to accept every case that comes their way, Klida previously said. The ethics opinion states: “To the extent that it is appropriate for the presiding judge to avoid cases in which a campaign opponent appears, so too must the campaign opponent refrain from accepting assignments which result in appearances before the Judge.”

Czuprynski, however, maintains the law does not require him to avoid taking on cases assigned to Kelly, and that it is solely Kelly’s duty to avoid matters involving Czuprynski.